Posted May 27, 2014
The South Dakota Supreme Court recently denied a petition by ABC News and other defendants to dismiss the defamation lawsuit over ABC’s coverage of a meat product, according to an article by the Associated Press available here. The South Dakota Supreme Court also lifted a stay, allowing the discovery process to begin in the case. The decision is available here.
The lawsuit was filed by Beef Products Inc. (BPI) and was moved from federal court to South Dakota circuit court in June. BPI claims that ABC damaged the company by misleading consumers into believing that its signature product, “lean, finely textured beef,” is unhealthy and unsafe. BPI is seeking $1.2 billion in damages. BPI’s filed its complaint in 2012.
BPI officials say that the product is safe and the coverage led to the closure of three plants and roughly 700 layoffs. For background on the lawsuit, articles from this blog are available here, here, and here.
Attorneys for ABC argue the network stated that USDA deemed the product safe and that all ground beef is “pink” and has a “slimy texture.”
BPI argued that the network broadcast made false statements that harmed the company’s reputation, causing others to question the safety of the product and fueling the “Stop Pink Slime” movement of food activists and consumers, according to an article by the Washington Post available here.
This ruling affirms a lower court decision in March by Union County Circuit Court Judge Cheryle Gering. Judge Gering found that the “entirety of the broadcasts can be reasonably interpreted as insinuating that plaintiffs are improperly selling a product that is not nutritious and/or safe for the public’s consumption.
The case is Beef Products Inc. v. American Broadcasting Cos. Inc., 12-cv-292, First Judicial Circuit, Union County, South Dakota.
For more information on the product and the controversy, a Congressional Research Service report on the subject is available here.
Share: